H1-B cap Exemption

[saiimg]

Hi,

I have done masters in USA and then filed H1b.
My I-797 was valid from Ocotober 2007 to September 2010.
Got stamped in Canada, H1-B visa was valid from April 2008 to September 2010.
But I left USA on June 2008 and came back to India. I worked in USA till June 2008.
Now I am trying to file H1-B( Jan 2014). Am I consider under H1-B cap exemption?

[raghvi]

Hi,

I have done masters in USA and then filed H1b.
My I-797 was valid from Ocotober 2007 to September 2010.
Got stamped in Canada, H1-B visa was valid from April 2008 to September 2010.
But I left USA on June 2008 and came back to India. I worked in USA till June 2008.
Now I am trying to file H1-B( Jan 2014). Am I consider under H1-B cap exemption?

Yes you would be exempted from cap. Any employer can file H1 petition for you with immediate start date and need not wait till April 2014.

This is my opinion not legal advice.